ATV park, outdoor concert venue given preliminary approval


"War and Peace" met rock 'n' roll at an epic-length Charlotte County Board of Zoning Appeals meeting Wednesday.

The eight-hour meeting was dominated by an issue best-described as a culture clash, as local residents unsuccessfully tried to fight Kelly Sports Park, which owners hope to turn into an outdoor concert venue and all-terrain vehicle riding park.

Many property owners in the area are farmers, as the land is zoned agricultural. The park hopes to attract families and patrons of all ages.

Though the board approved a special exception for the 1,022-acre property off Bermont Road in Punta Gorda, the project must still gain approval from Charlotte County's Development Review Committee, as well as the Southwest Florida Water Management District.

Attorney Michael Haymans, representing the property, came prepared with an army of experts and local business owners. They were met by about 30 residents who voiced their concerns over the use of ATVs on the property, as well as noise and traffic problems they felt could come with a major concert venue.

The board approved the exception 4-1, with the conditions that the ATV portion only be open during daylight, Thursday through Monday. If approved by the DRC, the property also will not be able to have more than nine concerts per year.

Haymans said local governments have made it difficult for ATV enthusiasts to legally ride in the area.

"Where is it that people can ride?" he said. "Well, we know in North Port you can't even ride on private land unless you've got written permission from the land owner."

William Patton, general manager of Florida Motorsports in Punta Gorda, said he feels a park would provide a safe, legal alternative to what little is available now.

"The kids are going to ride their ATVs," Patton said. "We don't want them on the streets. We don't want them riding around illegally, tying up the court system when they do get caught."

Paul Bass, a property owner near the proposed location, cited the County Commission's rejection of a Florida Gulf Coast University campus at a nearby location as reason to reject the park.

"If the university's not welcome, this park should not be welcome out there," Bass said.

Many took issue with the behavior of concertgoers, especially since alcohol will be served. Alcohol will not be allowed for ATV drivers or in areas of the park other than concerts, Haymans said.

Another resident, Chris MacArthur, said he's afraid putting a concert venue there could decrease his property value. He said the venue would have a difficult time keeping down noise levels.

"If the crowd gets louder, the band gets louder," MacArthur said. "As the night goes on, the band gets louder."

MacArthur and other residents' concerns regarding noise were addressed by Don Washburn, an audio expert and a consultant asked to speak by Haymans.

Washburn explained the science of sound, using a device to demonstrate the noise level of typical conversation -- 61 decibels. Noise from the concerts is said to be at 85 decibels.

Washburn estimated that the distance and other factors could make the sound be around 43 decibels at a distance of 1,600 feet -- much softer than a normal speaking human voice.

Board member Thomas Thornberry said though the property was granted its exception Wednesday, it still has several hurdles.

"This is just one, little teeny step that this applicant has to go through," he said.

Haymans said he hopes to have paperwork finished within a month. First, his team must complete a traffic study.

If local government can't provide adequate locations for concerts and ATV use, he said, then someone else has to step up. "Private enterprise should be the one that's providing this," he said.